Archive for: Art. 86 PBAC

Personal data protection, I OSK 1086/10

June 3rd, 2011, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 19 May 2011 case file I OSK 1086/10 acknowledged the principle that in case of a disclosure of personal data in the media, the press law and civil law regulations are applicable, and not the provisions of the Polish Act of 29 August 1997 on the Protection of Personal Data – PPD – (in Polish: Ustawa o ochronie danych osobowych), unified text published in Journal of Laws (Dziennik Ustaw) of 6 July 2002, No. 101, item 926, with subsequent amendments.

See also “Polish regulations on personal data protection” and “Polish case law on personal data protection“.

Categories: Art. 23 CC | Art. 24 CC | Art. 86 PBAC | Art. 87 PBAC | personal rights or interests | Polish Act on Press Law | Polish Act on Proceedings Before Administrative Courts | Polish Act on Protection of Personal Data | Polish Civil Code | Polish Supreme Administrative Court | press law.

Trade mark law, case VI SA/Wa 370/10

July 21st, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in its order 17 June 2010 case file VI SA/Wa 370/10 held that if the party did not act properly within a given period of time in court proceedings without its fault, the court may decide on the request, on the restoration of a deadline. The request for restoration shall be filed within the Court, in which the act was to be made within seven days from the time as the cause of transgression ceased. The request for restoration of a deadline to file a complaint must be filed through the court or authority. The restoration of a deadline has unique nature and can only occur if the party convincingly proves of the absence of its guilt. The lack of guilt means a situation in which circumstances that were impossible to overcome and that were independent from the party, have occurred , and these were the reasons that the deadline set by the law was exceeded (see the order of the Supreme Administrative Court of 11 April 2008 case file I OZ 246/08).

In assessing the occurrence of this condition, the Court has to adopt an objective “test of care”, which may be required from everyone duly taking care of its interests. The restoration is therefore not admissible if the party is guilty of even slight negligence. If the party is represented by a professional representative, while assessing the guilt of not preserving a deadline, the representative acts should be considered, adopting an objective test of care, which may be required from a professional legal representative duly caring for the interests of its client, with the reservation that negligence of people, whom such representative employs, burden the representative itself, and therefore do not release the party from the guilt in non-reserving a deadline.

This means that the negligence made by administrative staff in activities necessary to preserve the procedural deadline, which was commissioned by a patent attorney who is a representative of a party, does not justify the restoration of a missed deadline.

Terravita Holding Establishment from Vaduz, Lichtenstein was a party who lost this case. See also “Trade mark law, case VI SA/Wa 370/10“.

Categories: Art. 53 PBAC | Art. 54 PBAC | Art. 58 PBAC | Art. 86 PBAC | Art. 87 PBAC | non-traditional trade marks | Polish Act on Proceedings Before Administrative Courts | product packaging | trade mark invalidation | trademark law | Voivodeship Administrative Court.